Describe the qualification and selection of magistrates

Authors Avatar

Describe the qualification and selection of Magistrates (10 Marks)

  A Magistrate is a lay judge, with no legal qualifications, that sits in the Magistrates Court. They are part-time judges and work unpaid.

  To become a Magistrate the potential candidates must satisfy three requirements. The first requirement is that they must have the right personal qualities and be able to commit their time to being a Magistrate. There are six personal qualities that a Magistrate should possess. The first is that they should be of good character; this means that they should have good morals and principles, good personal integrity and be respectful. The second is that they should have good understanding and communication; this means that they should have good understanding of the law and the case as well as being able to communicate well within Court. The third is that they must have social awareness; this means that they must have an awareness of local knowledge and problems as well as an awareness of ethnic and cultural backgrounds. The fourth is that they must be of sound judgement, this means that they must be able to think logically and weigh up both sides of the argument as well as being open minded and being able to control prejudice. The fifth is that they must be mature and of sound temperament, this means that they must be fair, human and courteous as well as being professional in Court. The sixth is that they must show commitment and reliability, this means that they must be committed to being a Magistrate for 26 half days a year.

Join now!

  The second requirement is that they must take an oath of allegiance. You don’t have to be of British Nationality but you cannot be seeking asylum is you desire to be appointed as a Magistrate. Some professions are ineligible to become Magistrates as it is seen as a conflict of interest. Ineligible professions are police, armed forces, MP’s, members of the House of Lords or if any of those is the profession of your spouse/family member. Applicants must also disclose if they are a freemason.

  The third requirement is that they must disclose any criminal convictions, civil orders ...

This is a preview of the whole essay